11. Residual Powers (EO 292, Book III, Title I, Ch. 7, Sec. 20)

Residual powers

E.O. No. 292, Book III, Title I, Chapter 7, sec. 20

> SECTION 20. Residual Powers.—Unless Congress provides otherwise, the President shall exercise such other powers and functions vested in the President which are provided for under the laws and which are not specifically enumerated above, or which are not delegated by the President in accordance with law.

RESIDUAL POWER

The President shall exercise such other powers and functions vested in the President which are provided for under the laws and which are not specifically enumerated above, or which are not delegated by the President in accordance with law.

The textual justification for this under the Constitution is Article VII, Section 17 – to ensure that the laws are faithfully executed – called the Faithful Execution Clause.

The power involved is the President's residual power to protect the general welfare of the people. It is founded on the duty of the President, as steward of the people. To paraphrase Theodore Roosevelt, it is not only the power of the President but also his duty to do anything not forbidden by the Constitution or the laws that the needs of the nation demand. It is a power borne by the President's duty to preserve and defend the Constitution. It also may be viewed as a power implicit in the President's duty to take care that the laws are faithfully executed (Marcos v Manglapus, G. R. No. 88211, Sept. 15, 1989).

RESIDUAL POWERS

The President shall exercise such other powers and functions vested in the President which are provided for under the laws and which are not specifically enumerated above, or which are not delegated by the President in accordance with law.

The textual justification for this under the Constitution is Article VII, Section 17 – to ensure that the laws are faithfully executed – called the Faithful Execution Clause.

The power involved is the President's residual power to protect the general welfare of the people. It is founded on the duty of the President, as steward of the people. To paraphrase Theodore Roosevelt, it is not only the power of the President but also his duty to do anything not forbidden by the Constitution or the laws that the needs of the nation demand. It is a power borne by the President's duty to preserve and defend the Constitution. It also may be viewed as a power implicit in the President's duty to take care that the laws are faithfully executed (Marcos v Manglapus, G. R. No. 88211, Sept. 15, 1989).